| Citation(s) |
|---|
| 2012 SLG 2458 2012 SLD 2458 2012 YLR 1899 |
Sindh High Court
Criminal Bail Application No. S-855 of 2011, decided on 23rd April, 2012
AQEEL AHMED ABBASI, J
Tariq Ahmed Shah and Mahboob Ellahi for Applicant. Ashfaque Ali Khaskheli for the Complainant. Syed Meeral Shah Deputy Prosecutor General Sindh
Criminal Bail Application No. S-855 of 2011, decided on 23rd April, 2012
AQEEL AHMED ABBASI, J
Tariq Ahmed Shah and Mahboob Ellahi for Applicant. Ashfaque Ali Khaskheli for the Complainant. Syed Meeral Shah Deputy Prosecutor General Sindh
TANZIM KHAN
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 489-F/ 506(2)/ 147/ 148/ 149---Dis-honestly issuing a cheque, criminal intimidation, rioting, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---F.I.R. against accused and his co-accused was registered after complainant filed an application under Ss. 22-A & 22-B, Cr.P.C, before the Justice of Peace---Contentions of the accused were that he had neither been nominated nor assigned any role in the said application filed by the complainant; that disputed cheques were issued by the co-accused who had absconded; that accused had neither issued the cheques nor he had anything to do with the alleged offence, and that no recovery had been effected from the accused---Validity---Complainant had neither nominated nor assigned any role to the accused in the application filed under S.22-A & 22-B, Cr.P.C---Record showed that there was a delay of twenty seven(27) days in moving the said application and a delay of forty two (42) days in registration of the F.I.R.---Consultation and false involvement of the accused could not be ruled out---Disputed cheques had not been issued by the accused---Case required further inquiry---Accused was admitted to bail, in circumstances. Shahzad Waseem and another v. The State 2007 YLR 1378 and Rizwan Hanif and 2 others v. The State 2010 YLR 888 ref. ORDER AQEEL AHMED ABBASI, J.---The Applicant being aggrieved and dissatisfied with the order dated 30-11-2011 passed by learned Ist Additional Sessions Judge, Hyderabad in Criminal Bail Application No. 3778/11 emanating from Crime No. 268 of 2011 registered at Police Station Qasimabad under sections 489-F, 506(2), 147, 148, 149 P.P.C., whereby the bail application of the Applicant Tanzim Khan son of Shakoor Khan was declined, has filed instant bail application. It is contended by the learned counsel for the applicant that the instant F.I.R. was registered pursuant to an order passed by IIIrd Additional Sessions Judge, Hyderabad, on 14-10-2011 on an application under section 22-A and B, Cr.P.C. filed by the complainant wherein the present applicant has not been nominated…
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